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Forum
-> Household Management
-> Finances
amother
OP
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Thu, Apr 11 2019, 10:09 pm
I was not using or looking at it. In NJ. Ticket was for use of a handheld device while operating a motor vehicle. I showed the officer that I had not been using it and he said that’s irrelevant it was in your hand. Any advice? Anything I should know before going to court? Please post your experience if you’ve had similar.
It is a first offense if that makes any difference.
Anon because I’ve discussed it publicly in real life.
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amother
Aubergine
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Thu, Apr 11 2019, 10:13 pm
I had the same thing last year in monsey New York. I ended up going to court, and they wanted to plea-bargain me down to two points. I told them I wanted a trial because I was not on the cell phone at all. I went to trial and I brought along my cell phone bill proving I was not on the phone. The officer didn't show up so they threw out my ticket bh.
In my case I actually had picked it up cuz it fell down and I was scared it would go under the petal and he caught me holding it.
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octopus
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Thu, Apr 11 2019, 10:16 pm
Yes you can get a ticket just for holding a phone . When I went for a point reduction / defensive driving class the guy told us this. Sorry I don't have anything helpful to add.
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amother
Tan
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Thu, Apr 11 2019, 10:25 pm
amother [ OP ] wrote: | I was not using or looking at it. In NJ. Ticket was for use of a handheld device while operating a motor vehicle. I showed the officer that I had not been using it and he said that’s irrelevant it was in your hand. Any advice? Anything I should know before going to court? Please post your experience if you’ve had similar.
It is a first offense if that makes any difference.
Anon because I’ve discussed it publicly in real life. |
Hire a lawyer. I’m nj It never goes off your record. DH once tried fighting it himself and lost immediately. He didn’t realize the implications of having on his record for life.
Most people I know who took a lawyer paidca five but didn’t get on their record.
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amother
Purple
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Thu, Apr 11 2019, 10:30 pm
amother [ Tan ] wrote: | Hire a lawyer. I’m nj It never goes off your record. DH once tried fighting it himself and lost immediately. He didn’t realize the implications of having on his record for life.
Most people I know who took a lawyer paidca five but didn’t get on their record. |
I’m personally disgusted at all the [people] using phones while driving and there’s lots of them. They all deserve tickets!
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amother
OP
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Thu, Apr 11 2019, 10:32 pm
amother [ Tan ] wrote: | Hire a lawyer. I’m nj It never goes off your record. DH once tried fighting it himself and lost immediately. He didn’t realize the implications of having on his record for life.
Most people I know who took a lawyer paidca five but didn’t get on their record. |
It goes on your record for ten years. But a lawyer costs $2500 and the ticket is only $200. I really don’t use my phone when driving so not very nervous about a second offense.
I’m wondering more about the fact that the offense is use of a phone and I was not using it. Does that make a difference?
Also, the amother who said she went to trial - does that mean you showed up to court twice?
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amother
Honeydew
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Thu, Apr 11 2019, 10:32 pm
Amother purple, your comment was uncalled for & doesn't come in here. Can this please not become another jew bashing thread??
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amother
Tan
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Thu, Apr 11 2019, 10:32 pm
amother [ Purple ] wrote: | I’m personally disgusted at all the [people] using phones while driving and there’s lots of them. They all deserve tickets! |
You really don’t know what was happening so than you for judging this was a medical emergency I needed DH for - I was in the hospital with a child and he was at a red light looking to pull over.
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amother
OP
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Thu, Apr 11 2019, 10:33 pm
amother [ Purple ] wrote: | I’m personally disgusted at all the religious Jews using phones while driving and there’s lots of them. They all deserve tickets! |
I won’t argue with that. What I will say is that I don’t text and drive. Ever. And that my phone connects to my car automatically so I have no reason to use it. It just happened to have been in my hands. Covered. Not in use.
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amother
Tan
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Thu, Apr 11 2019, 10:33 pm
amother [ OP ] wrote: | It goes on your record for ten years. But a lawyer costs $2500 and the ticket is only $200. I really don’t use my phone when driving so not very nervous about a second offense.
I’m wondering more about the fact that the offense is use of a phone and I was not using it. Does that make a difference?
Also, the amother who said she went to trial - does that mean you showed up to court twice? |
Not in nj. It’s new - it’s permanent now. You can get lawyer for much less.
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amother
OP
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Thu, Apr 11 2019, 10:35 pm
amother [ Tan ] wrote: | Not in nj. It’s new - it’s permanent now. You can get lawyer for much less. |
New as of when. And how much is a lawyer? I spoke to a woman who supposedly knows the law and she told me a first offense usually doesn’t justify the cost of a lawyer.
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sub
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Thu, Apr 11 2019, 10:37 pm
amother [ Purple ] wrote: | I’m personally disgusted at all the religious Jews using phones while driving and there’s lots of them. They all deserve tickets! |
nonreligious jews and nonjews wouldn’t dream about talking on the phone while driving???
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amother
Magenta
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Thu, Apr 11 2019, 11:45 pm
amother [ Aubergine ] wrote: | I had the same thing last year in monsey New York. I ended up going to court, and they wanted to plea-bargain me down to two points. I told them I wanted a trial because I was not on the cell phone at all. I went to trial and I brought along my cell phone bill proving I was not on the phone. The officer didn't show up so they threw out my ticket bh.
In my case I actually had picked it up cuz it fell down and I was scared it would go under the petal and he caught me holding it. |
I think your lucky the cop didn't show up because your "proof" that you didn't use your phone is kind of .....pathetic. Your phone bill might demonstrate that you weren't on a phone call but there are 10 other things you could have been doing with your phone. Using the internet, checking email, looking at pictures, dialing a number, ect. It would have been foolish of you to produce your phone bill as proof you weren't using your phone.
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amother
Seafoam
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Thu, Apr 11 2019, 11:55 pm
It might depend on how the ticket was worded. My mother got a ticket for talking while holding the phone. She used her records from Verizon to prove that she wasn't on a call then so she won. I don't know if you can get a record for phone use that's not a call.
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FranticFrummie
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Fri, Apr 12 2019, 12:54 am
How does a phone "just happen to be in your hands"? How does that work?
I learned that both hands need to be on the steering wheel. If you miss a call, you pull over and call them back.
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groisamomma
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Fri, Apr 12 2019, 1:05 am
Great thread and perfect timing!
I got a cell phone ticket in Jackson 2 years ago, and since it's a mandatory court appearance and I had Parent-Teacher conferences that day, the judge let me plead guilty and leave. I wasn't going to lie; I really had been talking on the phone.
Then last year I got another one while on base but since it was on federal property it didn't transfer over to NJ as a 2nd offense so I got a huge fine but no points.
Two weeks ago I was on my bluetooth, totally not using the phone itself, when I was pulled over. The cop had been cruising behind me for a few miles so I knew he'd been looking for something. He said my rear brake light was out. I knew it wasn't and he let me get out to check. My light was fine but then he said I was holding my phone anyway so I was issued a ticket for that. (I should've just agreed about the light...sigh.)
In any case, I'm in desperate need of either advice or a good lawyer. I commute to work and can't afford to lose my license!
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amother
OP
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Fri, Apr 12 2019, 2:52 am
FranticFrummie wrote: | How does a phone "just happen to be in your hands"? How does that work?
I learned that both hands need to be on the steering wheel. If you miss a call, you pull over and call them back. |
If you really want to know...
My car was a mess. I was taking a kid to nursery. Said child had been holding the phone as I strapped them in. I took the phone out of my kids hand and then got behind the wheel. The cup holders were all full and the passenger seat had a few bags and items so I just didn’t put it down. Both hands were on the wheel. The screen was covered with the case cover. And I showed the officer that there were loads of notifications on the screen which proves it wasn’t being used or those notifications would not be there!! He said I didn’t say you used it just that it was in your hands. Which is true. But I wasn’t aware that’s an issue.
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FranticFrummie
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Fri, Apr 12 2019, 2:57 am
So when you had both hands on the wheel, you also had the phone in one of your hands, while you were driving?
I'm still confused!
I had a friend who both amazed and terrified me. She could drive, put on mascara, talk on the phone, and drink coffee all at the same time. I have no idea how she mastered juggling all of it. She was a pretty good driver, but I also thought she was an accident waiting to happen.
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amother
OP
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Fri, Apr 12 2019, 2:59 am
FranticFrummie wrote: | So when you had both hands on the wheel, you also had the phone in one of your hands, while you were driving?
I'm still confused!
I had a friend who both amazed and terrified me. She could drive, put on mascara, talk on the phone, and drink coffee all at the same time. I have no idea how she mastered juggling all of it. She was a pretty good driver, but I also thought she was an accident waiting to happen. |
Yes. I had the phone in my palm and phone plus hand on the wheel. Since there was nothing being done on the phone, I wouldn’t say it was dangerous or scary in any way.
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FranticFrummie
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Fri, Apr 12 2019, 3:15 am
amother [ OP ] wrote: | Yes. I had the phone in my palm and phone plus hand on the wheel. Since there was nothing being done on the phone, I wouldn’t say it was dangerous or scary in any way. |
OK, now I get it. I can see why the cop would be suspicious, though. I hope things work out for you.
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